The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for not less than one year and two months at the Incheon District Court on January 5, 2016 and that the judgment became final and conclusive on January 13, 2016.

However, since the crime of this case against the defendant and the crime of this case, which became final and conclusive, are concurrent crimes by the latter part of Article 37 of the Criminal Act, the punishment shall be determined by taking into account the equity between the cases where the judgment is to be rendered at the same time pursuant to Article 39

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading, without examining the defendant's improper assertion of sentencing, on the grounds that the above judgment of the court below was reversed ex officio.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court was sentenced on January 5, 2016 by the Incheon District Court on January 5, 2016 and the judgment became final and conclusive on January 13, 2016.

“ 1. The search output and text of the judgment of the court below are added to “1. The search output of the case and text of the judgment [2.1. 2. 1. 2. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the applicable method of the crime is inconsistent and thus the nature of the crime is not good; and (b) the amount of damage is approximately KRW 2.60 million.